21 responses

If Mr. Weller had not sold drugs across state lines and had been convicted by an Iowa court the outcome would have been much different. The irony is that mandatory minimums were supposed to make the punishment uniform.

There’s a whole lot of irony in these tales but mostly a world of tragedy. Mandatory minimums were never a deterrent for him, or others, since most are ignorant of the punishment for their crimes. I see the medical side of these clients and others with other addictions. We in the medical profession feel the weight of trying to help, knowing that there are not enough resources available for those in need. And, honestly, we are still only beginning to understand what is necessary in addressing addictions. Our tax payer dollars would be far more appropriately spent in addressing the myriad social issues inherent in these cases than the compassionless and ineffective prison time that we now support.

It is wrong that one senator can stop debate and voting on such an important issue, or any issue. It is also wrong that one senator can anonymously put a hold on a judicial nominee without having to declare his opposition or reasons for it. Only cowards fear the sunshine that open debate and voting bring.

Judge – I have always wondered if there is any risk you or Judge Bennett from departing from the mandatory minimum, except for reversal. In the situation described in the article on Judge Bennett, could the judge have sentenced what he felt was right and the US Attorney simply not appeal to the 7th Circuit? If former AG Holder believed the mandatory sentences were unfair could he have issued directives on what the US Attorneys offices should charge OR instruct them not to appeal. As a civil practitioner, I find it disheartening that the mandatory sentences could force Judges like Bennett to leave the bench. It reminds me when a USMJ was on a panel and told the audience that she would not want to become an article III judge because of sentencing. She also commented that Article III judges earn that extra 10% for that duty.

At the state level, many petty offenders plead guilty to things they didn’t do because they can’t afford bail. When John Oliver pokes fun at the system (see the last episode of Last Week Tonight), you know it’s broken.

The problem is not mandatory minimums themselves, but that the mandatory minimums are so draconian. Oscar Pistorius got five years (in reality, ten months) for murdering his girlfriend! Kudos to Judge Bennett for saying what needs to be said. We lock drug felons up not just for far too long, but for life, as no one will hire them after they get out. Do we need to fight the war on drugs with nuclear weapons?

Obama should pardon all non-violent drug offenders as his last act in office.

What the story doesn’t mention is why we got to this point. Whether you got six months’ probation or ten years of hard time depended on the judge, and that violates the defendants’ right to equal justice under law.

Grassley isn’t a lawyer, and he despises judges. We couldn’t have a better man in charge of Judiciary. 🙂

Grassley and Bennett should get together over dinner one of these nights and compare notes.

I would recommend the rhetoric octopus for an appetizer followed by the blackened perception tenderloin with a side of new leaf read potatoes and sweet experience corn for the main course and without a doubt three or four bottles of Ditchweed Red from the Snus Hill Vineyard & Winery in Madrid, Iowa.

For desert I would recommend some actually ditchweed paired with the two scoops vanilla bean cooperation in the waffle cone topped with chocolate sprinkles.